The Basic Principles on the Role of Lawyers also establish that All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.200 In-country Legislation KR Constitution enshrines the right of every person to qualified legal aid paid by the state to the extent permitted by applicable law.201 KR Code of Criminal Procedure provides for the right of a suspected person to counsel from the moment of the first interrogation, and in case of detention – from the moment of actual arrival at the agency of inquiry. The Code also enshrines the right of accused, convicted (acquitted) and untried persons to have an unimpeded access to communication with their lawyers in private and without any limitation on the quantity or duration of such communication.202 In the event the defense lawyer chosen by a suspected or accused person is not able to appear within 24 hours from the moment of arrest or custodial placement, the investigator is entitled to offer to this suspected or accused person to invite another lawyer or shall arrange for designation of a defense lawyer from the bar association (association of professional lawyers). A state-funded lawyer rendering legal aid shall get remuneration in accordance with KR law. 203 A person arrested on suspicion of committing a crime as a suspected person shall be interrogated in the presence of his defense lawyer. Prior to the interrogation, the arrested person shall be informed of his rights and the offense he is suspected of.204 In accordance with the Law on the Procedure of the Detention, members of staff of places of detention shall allow a suspected, accused or untried person to receive visits from his defense lawyer based on the document confirming participation of this lawyer in the criminal case who is to protect interests of the detained suspected, accused or untried person (warrant-instruction), and communicate with him in private, without any limitation on the quantity or duration of visits. Such consultations, to the extent possible, shall be within sight, but not within the hearing, of law enforcement officials.205 According to the Internal Regulations, the quantity and duration of visits shall not be limited. Suspected and accused persons shall be allowed to communicate with their lawyers at TDFs also on days off.206 The monitoring demonstrated that the international standards and in-country legislation pertaining to allowing lawyers to communicate with their defendants in private and with full confidentiality are not complied with in practice. Example: On August 10, 2011, two monitoring team members, one of which was an attorney of a TDF detainee, intended to visit the Moscow District IAB TDF where during their previous visit they had detected this detainee with signs of torture on his body. However, head of the TDF and the district IAB officer-on-duty denied access to the monitoring team members. The attorney who showed his order was asked to wait for the investigator. The attorney was granted access to his defendant only two hours later upon arrival of the investigator and conversation with him. Yet, the attorney was not allowed to talk to the detainee in private. 200 202 203 204 UN Basic Principles, principle 18. KR Constitution, Art. 40 (part 3). KR Code of Criminal Procedure, Art. 40, 42. KR Code of Criminal Procedure, Art. 44, 45. KR Code of Criminal Procedure, Art. 100. 205 Law on the procedure of the detention, Art.17. 206 Internal Regulations. Par. 4.16, 4.17, 4.23. 201 71